title: When do health care decisions discriminate against persons with disabilities?
abstract: Recent interpretations of laws prohibiting discrimination against persons with disabilities indicate that these laws will play a greater role in health care decision making than previously anticipated. This article employs lessons from other areas of antidiscrimination law to examine these developments and to provide a framework for making health care decisions that are consistent with these new legal interpretations. This article addresses decisions in individual cases, treatment policies adopted by health care providers, and coverage programs of third-party payers, both public and private.
authors.affiliation: Case Western Reserve University, USA.
authors.forename: M J
authors.initials: MJ
authors.lastname: Mehlman
authors.forename: M R
authors.initials: MR
authors.lastname: Durchslag
authors.forename: D
authors.initials: D
authors.lastname: Neuhauser
mesh_terms: D000465:Algorithms; D003659:Decision Making, Organizational; D003663:Decision Trees; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D035082:Federal Government; D030342:Genetic Diseases, Inborn; D033161:Government Regulation; D015276:Health Care Rationing / Q000331:legislation & jurisprudence*; D006801:Humans; D007345:Insurance Claim Review; D019458:Insurance Coverage / Q000331:legislation & jurisprudence; D033242:Minors; D018579:Patient Selection; D011287:Prejudice; D016079:Refusal to Treat / Q000331:legislation & jurisprudence*; D040841:Resource Allocation; D018570:Risk Assessment; D014481:United States; D028761:Withholding Treatment